Mr. McIlroy

During a hearing de novo regarding the allocation of live chicken to Ontario processors, counsel for the CFRA raised an apprehension of bias concerning panel member Andy Koopal.

The CFRA argued that because the CFO intended to call the former chair of the Dairy Farmers of Ontario (DFO) as a witness, and Mr. Koopal was a dairy farmer licensed by the DFO, he was biased.

The Tribunal dismissed the objection, noting that the DFO was not a party, Mr. Koopal was not on the DFO board, and the hearing was policy-based rather than adjudicative.

The Tribunal found no evidence that Mr. Koopal had lost the requirement of open-mindedness.

The Chicken Farmers of Ontario (CFO) appealed a decision of the Farm Products Marketing Commission regarding the allocation of live chicken to processors.

CFO brought preliminary motions arguing that the Commission exceeded its jurisdiction by addressing volume setting, failed to provide adequate notice of the issues, and that there was a reasonable apprehension of bias regarding one panel member.

The Tribunal dismissed the motions, finding that volume setting was within the scope of the dispute before the Commission.

Furthermore, the Tribunal held that any procedural defects amounting to a denial of natural justice or apprehension of bias could be cured by the Tribunal's de novo hearing of the appeal.